Faculty
Focus is a monthly publication documenting the activities, accomplishments, and
honors of the University of
Houston
Law Center Faculty.

May 2004

Johnny
Rex Buckles has
accepted an offer of publication for his most recent article, Reforming the Public
Policy Doctrine, from the University of Kansas Law
Review.

Marcilynn
A. Burke, at
the end of January presented her work-in-progress,
KlamathValley
and Cappuccino Cowboys: The Rhetoric of the Endangered Species Act and
Whyit(Still) Matters at the
Mid-Atlantic People of Color Legal Scholarship Conference’s 2003 Annual Meeting
hosted by the University of Baltimore School of Law. Also in January she was
awarded support for her next research project, tentatively entitled Whiskey’s for Drinking;
Water’s for Fighting: Environmental Flows Enter theFray from the
New Faculty Research Program in the amount of $6,000.00. Professor Burke
accepted an offer of publication for the Klamath Valley and
Cappuccino Cowboys piece in March from the Duke Environmental Law and Policy Forum
with publication scheduled for this summer. She also presented this article as
part of the Visiting Faculty Seminar series at the
LouisianaStateUniversity’s
PaulM.HerbertLawCenter in
April.

Darren
Bush attended the 2004 Antitrust Colloquium at
the Loyola University of Chicago where he presented his article co-authored
with Salvatore Massa entitled Rethinking the Potential
Competition Doctrine. The article will be published
in the Wisconsin Law Review.
His op-ed piece, Towing the Line,
appeared on the front page of the Outlook section of the Houston
Chronicle on April 25th. It raised legal and economic issues concerning
the Mayor of Houston's Mobility Plan. On April 28th, KPFT Radio interviewed
Professor Bush regarding the Mayor's Plan. On May 2nd Mayor White "addressed"
Professor Bush's arguments in a Houston
Chronicle op-ed titled "My Towing Reforms Will Get Traffic Moving".
Professor Bush is preparing a response, arguing in part that the Mayor's op-ed
piece did not seriously address a single concern raised by Professor Bush's
editorial.

David
R. Dow
addressed Leadership Houston on April 8th on the subject “Is the Death Penalty
Constitutional Yet Immoral?” He accepted an offer from Beacon Press to publish
Struck ByLightning: People and Principle on America’s
Death Row. His essay, Can the Military be
Trusted to Protect Our Rights? appeared in the online magazineNth.com, (May 2004)(availableat http://www.nth.com) and his essay The SupremeCourt’s “Rule-of-Four”
in Death Penalty Cases appeared in The National Law Journal, May 10, 2004.
The Texas Innocence Network hosted the 2004 National Innocence Conference in
Austin, Texas on April 23, 24 and 25. More than 200 people from more than thirty
states attended. The Texas Innocence Network reached its goal of not losing any
money. At the Conference, Professor Dow gave two presentations: “Pursuing Claims
of Actual Innocence in Collateral Litigation and Clemency Proceeding,” and
“Investigative Strategies for Locating Evidence of Actual
Innocence.”

Victor
B. Flatt
presented his paper on environmental rights, This Land is Your Land
at a faculty colloquium at the
University
of Utah,
S.J. Quinney College of Law in April. An op-ed article that he wrote on the
relation of gay marriage to the Brown v. Board
ofEducation,
that he wrote was published recently in the Salt Lake
Tribune.

Michelle
Foss
participated in the U.S. Agency for International Development seminar on Public
Understanding and Participation at the Energy Symposium,
Cape
Town,
South
Africa
on March 16th – 18th . She was a table discussion leader for the Honors College
Great Conversations on March 31st and presided over a session with Chairman Pat
Wood, U.S. Federal Energy Regulatory Commission and Lic. Francisco Salazar,
President, Energy Commission, and Chamber of Representatives, Mexico, at the
North American Forumfor
Integration Conference on Energy Security in Monterrey, Mexico on April 1st. Dr.
Foss also spoke at the Energy Security annual meeting in Dallas on April 6th,
and spoke at the Federal Energy Bar Association annual conference LNG workshop,
Washington, D.C. on April 28th and testified before the U.S. House-Subcommittee
on Energy and Air Quality, on ultra deep oil and gas, in Washington, D.C. on
April 29th.

Leslie
Griffin
was quoted in the Dallas
Morning News
article, War Fears
SpawnedSupreme Court’s Biggest
Losers on April 18th. The article was about the Guantanamo and enemy
combatant cases that are before the Supreme Court. Her panel on human cloning
was discussed in Science Café: Is human
cloning wrong? in the WestUniversity Examiner on
April
14, 2004.

Lonny
Hoffman’sarticle, The Case Against
Vicarious Jurisdiction was published in the most recent issue (April)
of the University of Pennsylvania Law
Review. He spoke on current trends in mediation at a meeting of the Inns
of Court in Corpus Christi and as editor of The Advocate (quarterly journal
published under the auspices of the Litigation Section for the State Bar of
Texas which is sent to approximately eight thousand lawyers and judges around
the state) he published the Spring 2004 issue of the Advocate. The issue is comprised of
articles addressing the latest developments in civil litigation in
Texas
along with Professor Hoffman’s Editor’s Comments. In late April he attended a
meeting of the Litigation Council for the Litigation Section of the State Bar of
Texas in Galveston,
Texas.
He is also an ex officio member of the Council in his capacity as editor of the
Advocate and he was interviewed by
a reporter for National Law
Journal concerning the subject of a new bill recently passed by the U.S.
House of Representatives concerning complex
litigation.

Professor
Hoffman was honored to be named as one of the four recipients of the 2004
University Enron Teaching Excellence Awards.

Craig
Joyce
completed Intellectual Property:
United States LawforIntellectual
Propertyin the United
States in the Oxford
Encyclopedia of Legal History (forthcoming 2005). Professor Joyce also
has been selected to write a chapter on the “theoretical underpinnings” of
U.S.
intellectual property law with co-authors from
Chicago,
Columbia,
NYU, Georgetown,
Boalt and Michigan.

Ellen
Marrus’
article “That Isn’t Fair Judge:”
The Costs of Using Prior JuvenileDelinquency
Adjudications in Criminal Court Sentencing was published at 40 U. Hous. L. Rev. 1323 (2004). Professors Ellen Marrus
and Irene
Rosenberg have received a contract from Carolina Academic Press to
publish a Juvenile Law Casebook. Professor Marrus will be speaking at
the Third Annual Juvenile Defense Conference sponsored by the SW Juvenile
Defender Center on May 22,
2004. Also Professors Marrus, Beassie, and
Heppard will
be leading small group discussions at the AALS Clinical Conference
May 1-4,
2004.

Douglas
Moll spoke on April 15th to the HBA
Securities Litigation and Arbitration Section on “Shareholder Oppression in
Texas” with Judge
Sharolyn Wood.

GeraldineMoohr’s solicited
article, Prosecutorial Power,
White Collar Crime, and theAdversary
System, will be published this summer by the Buffalo Criminal Law Review. She
presented the paper to U.S. and German
scholars in white collar crime at a two-day conference, “White Collar Criminal
Law in Comparative Perspective” held on April 2-4,
2004 at the University of Buffalo Law
School. Five U.S. and three
German white collar specialists gave papers and led discussions in a workshop
format.This summer, Professor
Moohr will present a paper at the SEAALS conference that analyzes the
increasingly varied interpretations of the federal fraud statutes including mail
and wire fraud by the federal circuit courts.

Ray
Nimmer delivered a speech on “Licensing as
Commercial Practice” at a DepaulUniversity seminar in
Chicago and a
speech on “Financing Intangible Assets” at a program in
Birmingham,
Alabama, sponsored
by the University of
Alabama. He
completed an article onPrivacy, Data Control
and Transactional Law which will be published in a book produced by
StanfordUniversityLawSchool’s program
on Information and Intellectual Property Law.

Michael
A. Olivas was a busy boy at the end of the
semester. At OhioStateUniversity, he
delivered two lectures, one on the law concerning college teaching and one on
the effect of the USA Patriot Act on colleges; he also consulted on the OSU
admissions response to Grutter. He
also addressed the Texas Association of State University Attorneys in
Austin, on recent
developments in Title IX, both in college athletics and in sexual harassment
cases. He also presented IRRIRA, The DREAM Act,
andUndocumented College
Residency at a national conference sponsored by
ArizonaStateUniversity; this paper
will appear in the special issue of the Journal of College andUniversity Law on “Colleges After 9/11”.
He also wrote the Foreword to this special issue which is also online at (http://www.nd.edu/~jcul/patriot_act.html).
In Austin he spoke at
the UT-CLE on “Employment Law: Legal Developments in Hiring and Firing
Faculty.

Laura
Oren was selected by the Faculty Senate
to serve on the Faculty Senate Commission on University Governance, a
university-wide, eleven person commission. Her article surveying Civil Rights
(Section 1983) law for last year will appear in the TexasTech Law Review and her article on The Paradox of Unmarried
Fathers and the Constitution: Biology “Plus” Defines Relations; Biology Alone
Safeguardsthe Public
Fisc, will appear in the William and Mary Journal of Women and the
Law.

Jordan
Paust agreed to the request of the Florida
Law Review to respond to the Dunwody Distinguished Lecture in Law paper by
Professor Viet Dinh at Georgetown. His essay
on The History, Nature, and
Reach of the Alien Tort Claims Act appears at 16 Florida Journal of International Law 249
(2004), and his article, Post-9/11Overreaction and Fallacies
Regarding War and Defense, Guantanamo, the Status of Persons, Treatment, JudicialReview of Detention, and
Due Process in MilitaryCommissions is
forthcoming in 79 Notre Dame Law Review
(2004). Professor Paustalso participated in radio and USA Today
stories about the abuse of detainees in Iraq and elsewhere
and has agreed to be a panel member at conferences in Italy and at the
U.S. Naval War College in May and June. He also drafted two Amici briefs
on behalf of International Law Professors and filed with the U.S. Supreme
Court in the Hamdi and Padilla cases.
Professor Paust was elected to the Executive Committee of the Lieber Society
on the Law of Armed Conflict, of the American Society of International Law,
and continues as Co-Chair of the International Criminal Law Interest Group
of the American Society.

Nancy
Rapoport is in Class XXII of American
Leadership Forum and will soon be camping in
WashingtonState to bond
with her fellow classmates in June. She hopes that folks will be around later
this summer to sign her body cast.

Irene
Merker Rosenberg and Yale Rosenberg’s last article
written together will be coming out shortly Of God’s Mercy and the
Four Biblical Methods of Capital Punishment: Stoning, Burning, Beheading, and
Strangulation, 78 Tulane L.
Rev. 1 (2004).

Richard
Saver’s article, Research Oversight From
the Corporate GovernancePerspective: Comparing
Institutional Review Boards and Corporate Boards, will be published
in the November 2004 issue of the William
and Mary Law Review. Professor Saver also presented “Is There a Quality
Gain to Gainsharing?” to the Health Law Section of the Houston Bar Association
on March 10th.

Robert
Schuwerk was quoted in the April 19th issue
of the Texas Lawyer on referral fees.

Ronald
Turner’s article, Traditionalism,
Majoritarian Morality and the Homosexual Sodomy Issue: The Journey from Bowers
to Lawrence will be
published as the lead article in the November 2004 issue of the Kansas Law Review. His article The Too-Many Minorities and
Racegoating Dynamics of the Anti-Affirmative-Action Position: From Bakke to
Grutter and Beyond will soon be published by the Hastings Constitutional LawQuarterly along with articles by
University of
Michigan Law School Dean Evan
Caminker and other scholars. His New York
University Annual Survey of American Law article, The Americans with
Disabilities Act and the Workplace: A Study of the Supreme Cout’s Disabling
Choicesand Decisions
is headed to the printer and will soon be available. In addition, his entry on
federal age discrimination law and policy can be found in the just-published
Encyclopedia of Retirement and
Finance.

Joseph
Vail was part of a panel presentation on
April 22nd at a conference sponsored by the
WoodrowWilsonCenter and the
Center for Immigration Studies. The topic was the “Unintended Consequences of
Immigration Reform”. On May 21st he will be part of the faculty of the American
Immigration Lawyers Association in Denver,
Colorado for a
conference on presentation of cases before the immigration court and on May 27th
he will speak to the Fort Bend County Bar Association on the immigration
consequences of criminal conduct.

Stephen
Zamora attended a NACLE workshop in
Mexico
City dealing with the protection of the
rights of indigenous people. The workshop which he and NACLE Coordinator Nita
Jackson helped organize brought together experts from
Canada,
Mexico and the
United
States who teach and do
research on the law of indigenous peoples. Despite the importance of the subject
in the three countries, experts from
Canada,
Mexico and the
United
States have not collaborated
in the past, and NACLE is working to provide a vehicle for discussing
comparative indigenous rights law.